A Simple 4-step Guide to Posting Immigration Bail Bonds

Immigration bail bonds are a type of bail that can be issued to those immigrants who get arrested by INS (Immigration and Neutralization Service) in order to make them eligible to avoid arrest and get released. It is up to the INS to determine the amount of the bond. The bail amount that is paid is actually an assurance that the defendant is going to show up on the hearing for legal proceedings in court or INS office on the set date. You may already be aware of how to post a typical bail bond, but the process here is a bit different. Following is a brief rundown on it.

Who is Eligible?

It is again entirely up to the INS authorities to determine whether the defendant qualifies for immigration bail bonds or not. They do this by examining the defendant in various ways to find out how much he/she is likely to appear in the court or INS on the date of the proceedings. They also do an in-depth review of everything associated with the immigrant who has been arrested in order to determine whether he or she is likely to be turn out to be a threat to the general public if released on bail.

Cash Bond

Depending upon their analysis, INS may allow you to file a cash bond, as per which you will be asked to pay a certain amount of money directly to the INS (obviously you will get receipt for this). As soon as you make the payment, you will be released from their custody.

In What Circumstances the Bail Money is Refunded?

If the defendant has fulfilled all legal obligations and is found to be innocent after the court or INS hearing proceedings, the bail money is usually refunded in full.

In What Circumstances the Bail Money is Refunded?

If because of any reason you are unable to pay the cash for immigration bail bonds, you have an option to use the services offered by immigration bandsmen. They will finance you, but you will need a co-signer because the money you thus get is actually a type of loan which you need to pay as per certain terms and conditions that you agree to follow while signing up for such services. In some cases, you may even be asked to put collateral. If you fail to appear in the court proceedings, the agency has the right to forfeit the property you put as collateral. If you are not sure whether a bondsman is qualified, you should consult your state’s Division of Insurance. Besides having the regular-bondsman license, make sure that the agency the bondsman is working for also holds a special-casualty license.

It is very important to note that immigration bail bonds only allow the immigrants in question to be out of INS custody until the conclusion of the proceedings; it does not provide them protection against the process of Deportation. If the immigrants are found guilty, they will definitely be deported.